The Frontstretch: Nearly Four Years Later, Judge Holds NASCAR Solely Responsible For Air Disaster by Jeff Meyer -- Thursday April 14, 2011

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Nearly Four Years Later, Judge Holds NASCAR Solely Responsible For Air Disaster

Voices From The Heartland · Jeff Meyer · Thursday April 14, 2011

 

In May of 2008, after exhaustingly pouring over official government documents concerning the July 10, 2007 NASCAR-owned plane crash in Sanford, FL that killed a total of 5 people, I wrote an article outlining a few facts that the sanctioning body forgot to mention to the public. In February of 2009, I did a follow up and outlined a few of the finer points that the National Transportation Safety Board (NTSB) had to say after their investigation was complete. I strongly urge you to check out those two links, especially the second one, to get an understanding of just what the NTSB said.

The reason I did the February ’09 follow up was mainly due to the fact that NASCAR had balls of bad taste to actually claim that the aircraft manufacturer, Cessna, was to blame for the whole ordeal and was suing them, even though NASCAR had privately already paid the victims on the ground an undisclosed amount through their in-house insurance company.

As NASCAR described it, “Certainly, no one wanted to make the families on the ground wait for payment,” said spokesman Ramsey Poston when asked why a claim of “no fault” still led to an out-of-court settlement with those involved. “It’s not uncommon for insurance companies to make payment and then seek reimbursement later.”

So… NASCAR sued Cessna, and even went so far as to make outrageous claims that the aircraft in question was “unreasonably dangerous and defective” and “the incident was entirely due to the negligence or fault of (Cessna), and not the negligence or fault of (Competitor Liaison Bureau, Inc.) or NASCAR.”

NASCAR’s suit against Cessna continued, never minding the final summary ruling of the NTSB, “…that the probable causes of this accident were the actions and decisions by NASCAR’s corporate aviation division’s management and maintenance personnel to allow the accident airplane to be released for flight with a known and unresolved discrepancy, and the accident pilots’ decision to operate the airplane with that known discrepancy — a discrepancy that likely resulted in an in-flight fire. This accident is especially tragic not only because lives were lost and people were grievously injured, but because it could have been so easily avoided,” The case was wasting Lord knows how much in attorney’s fees, until recently.

Last Friday, U.S. District Court Judge John Antoon II finally stopped the madness. He threw out NASCAR’s lawsuit against Cessna, ruling that any responsibility by Cessna for the crash expired after 12 years. After all, the Cessna 310R involved in the crash was constructed in 1977.

Now, I’m not sitting here, my heart all aflutter because I am in love with Cessna, but I am grateful that for once, true common sense justice has been served. NASCAR has a long history of bullying people with their lawyers and downplaying their responsibility for anything bad and it does my heart good to know that for once, they are being held accountable… even if they don’t like it!

So what do we learn from all this? Well, aside from the fact that NASCAR lawyers are not invincible, if you are planning on buying a Cessna 310R, be advised that the warranty on the thing has probably expired!

Chalk one up for the Justice system!

Stay off the wall (and off NASCAR planes!)

Jeff Meyer

Contact Jeff Meyer

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The Mad Man
04/14/2011 02:24 PM
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Those maintenance records will get you every time Jeff. Having spent some time as a student pilot and maintaining aircraft, you’ve got to dot all the “I’s” and cross every single “T” before any plane can leave the ground. Even if the plane were under warranty, any fault which is attributable to poor maintenance would still fall back on the owner. I’m glad common sense prevailed.

djones
04/14/2011 09:51 PM
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What I don’t understand is why nascar’s attorneys didn’t know about the statute of limitations for Cessna. There must be published information somewhere. Do we know if Cessna was awarded any attorney fees for this frivolous lawsuit? I sure hope so.

 

Contact Jeff Meyer

Recent articles from Jeff Meyer:

Voices From The Cheap Seats: The Tale Of Two Tires
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Want to know more about Jeff Meyer or view his complete article archives? Then hop on over to his archive and bio page.